Use of a Consumer Reporting Agency (CRA)

A requestor may utilize the services of a Consumer Reporting Agency (CRA) to request CORI for an employment or volunteer applicant, an employee or volunteer, or a licensing applicant. See 803 CMR 11.00: Consumer Reporting Agency (CRA). (a) Before a CRA can request CORI from DCJIS on a requestor’s behalf, the requestor shall: 1. register for an iCORI account and designate the CRA as an entity authorized to submit iCORI checks on the requestor’s behalf; 2. notify the subject, in writing and in a separate document consisting solely of such notice, that a consumer report may be used in the decision making process; 3. obtain the subject's separate written authorization to conduct background screening before asking a CRA for the report regarding the subject. A requestor shall not substitute the CORI Acknowledgment Form for this written authorization; and 4. obtain a signed CORI Acknowledgment Form and follow all requirements pertaining to verification of identity as set forth in 803 CMR 2.11. (b) A requestor shall also provide required information to the CRA before requesting CORI through a CRA. 1. The requestor shall certify to the CRA that the requestor is in compliance with the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681. 2. The requestor shall not misuse any information in the report in violation of federal or state laws or regulations. 3. The requestor shall provide accurate identifying information for the subject to the CRA and the purpose for which the subject's CORI is being requested. Before taking adverse action on a subject’s application based on the subject’s CORI or criminal history information, whether received from DCJIS or any other source by the CRA, the requestor shall: (a) provide the subject with a pre-adverse action disclosure that includes a copy of the subject’s consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, published by the Federal Trade Commission and obtained from the CRA, by meeting the subject in person or by telephone, by electronic communication, by fax, or by hard copy correspondence; (b) provide a copy of the subject’s CORI or criminal history information to the subject; (c) identify the source of the CORI or criminal history information; (d) provide a copy of the requestor’s CORI Policy, if applicable, to the subject; (e) identify the information in the subject’s CORI that forms any basis for the potential adverse decision; (f) provide the subject with an opportunity to dispute the accuracy of the information contained in the CORI or criminal history information; (g) when CORI is considered as a part of a potential adverse action, provide the subject with a copy of the DCJIS information regarding the process for correcting a criminal record; and (h) document all steps taken to comply with 803 CMR 2.22(2).